II 

115TH CONGRESS 

1ST SESSION S. 162 

To restore Second Amendment rights in the District of Columbia. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 17, 2017 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To restore Second Amendment rights in the District of 

Columbia. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Second Amendment 

5 Enforcement Act of 2017’’. 

6 SEC. 2. CONGRESSIONAL FINDINGS. 

7 Congress finds the following: 

8 (1) The Supreme Court of the United States 

9 has confirmed that the Second Amendment to the 

10 Constitution of the United States protects a fundaVerDate Sep 11 2014 03:53 Jan 28, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S162.IS S162

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1 mental, individual right to keep and bear arms inde2 pendent of service in an organized militia. 

3 (2) Federal courts have repeatedly found provi4 sions of the gun control laws of the District of Co5 lumbia to be unconstitutional, most recently in the 

6 case of Palmer v. District of Columbia, 59 F. Supp. 

7 3d 173 (D.D.C. 2014), which invalidated on Second 

8 Amendment grounds the District’s total ban on car9 rying firearms outside the home for self-defense. De10 spite these reproofs, District officials have repeatedly 

11 and publicly asserted their determination to continue 

12 passing laws aimed at curbing the exercise of the 

13 right to keep and bear arms by law-abiding residents 

14 and visitors. 

15 (3) The law-abiding residents of the District of 

16 Columbia are deprived by local laws of handguns, ri17 fles, and shotguns that are commonly kept by law18 abiding persons throughout the United States for 

19 sporting use and for lawful defense of their persons, 

20 homes, businesses, and families. 

21 (4) The District of Columbia remains one of the 

22 most dangerous large cities in the United States. 

23 The District’s gun control regulations interfere with 

24 the right of law-abiding residents and visitors to pro25 tect themselves from violent crime. 


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1 (5) Federal law already provides comprehensive 

2 regulation of the manufacture, sale, and possession 

3 of firearms, including the licensing of commercial 

4 conduct. These regulations apply in the District of 

5 Columbia, as elsewhere. The District’s attempt to 

6 expand upon these regulations with its own regula7 tions has created a confusing, onerous, and inhib8 iting environment for individuals in the District who 

9 wish to engage in lawful commercial activities relat10 ing to firearms. 

11 (6) Legislation is required to correct the Dis12 trict of Columbia’s laws in order to restore the fun13 damental rights of its residents under the Second 

14 Amendment and thereby enhance public safety. 

15 SEC. 3. REFORMING D.C. COUNCIL’S AUTHORITY TO RE16 STRICT FIREARMS. 

17 Section 4 of the Act entitled ‘‘An Act to prohibit the 

18 killing of wild birds and wild animals in the District of 

19 Columbia’’, approved June 30, 1906 (34 Stat. 809; sec. 

20 1–303.43, D.C. Official Code), is amended by adding at 

21 the end the following: ‘‘Nothing in this section or any 

22 other provision of law shall authorize, or shall be con23 strued to permit, the Council, the Mayor, or any govern24 mental or regulatory authority of the District of Columbia 

25 to prohibit, constructively prohibit, or unduly burden the 


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1 ability of persons not prohibited from possessing firearms 

2 under Federal law from acquiring, possessing in their 

3 homes or businesses, carrying, transporting, or using for 

4 sporting, self-protection, or other lawful purposes, any 

5 firearm neither prohibited by Federal law nor subject to 

6 chapter 53 of the Internal Revenue Code of 1986 (com7 monly referred to as the ‘National Firearms Act’). The 

8 District of Columbia shall not have authority to enact laws 

9 or regulations that discourage or eliminate the private 

10 ownership or use of firearms for legitimate purposes.’’. 

11 SEC. 4. REPEAL OF D.C. SEMIAUTOMATIC BAN. 

12 Section 101(10) of the Firearms Control Regulations 

13 Act of 1975 (sec. 7–2501.01(10), D.C. Official Code) is 

14 amended to read as follows: 

15 ‘‘(10) ‘Machine gun’ means any firearm which 

16 shoots, is designed to shoot, or can be readily re17 stored to shoot, automatically more than one shot, 

18 without manual reloading, by a single function of 

19 the trigger. The term ‘machine gun’ shall also in20 clude the frame or receiver of any such firearm, any 

21 part designed and intended solely and exclusively, or 

22 combination of parts designed and intended, for use 

23 in converting a firearm into a machine gun, and any 

24 combination of parts from which a machine gun can 


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1 be assembled if such parts are in the possession or 

2 under the control of a person.’’. 

3 SEC. 5. REPEAL OF REGISTRATION REQUIREMENT AND AU4 THORIZATION OF AMMUNITION SALES. 

5 (a) REPEAL OF REQUIREMENT.— 

6 (1) IN GENERAL.—Section 201(a) of the Fire7 arms Control Regulations Act of 1975 (sec. 7– 

8 2502.01(a), D.C. Official Code) is amended by strik9 ing ‘‘any firearm, unless’’ and all that follows 

10 through paragraph (3) and inserting the following: 

11 ‘‘any firearm described in subsection (c).’’. 

12 (2) DESCRIPTION OF FIREARMS REMAINING IL13 LEGAL.—Section 201 of the Firearms Control Regu14 lations Act of 1975 (sec. 7–2502.01, D.C. Official 

15 Code) is amended by adding at the end the fol16 lowing: 

17 ‘‘(c) A firearm described in this subsection is any of 

18 the following: 

19 ‘‘(1) A sawed-off shotgun. 

20 ‘‘(2) A machine gun. 

21 ‘‘(3) A short-barreled rifle.’’. 

22 (3) CONFORMING AMENDMENT.—The heading 

23 of section 201 of the Firearms Control Regulations 

24 Act of 1975 (sec. 7–2502.01, D.C. Official Code) is 


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1 amended by striking ‘‘REGISTRATION REQUIRE2 MENTS’’ and inserting ‘‘FIREARM POSSESSION’’. 

3 (b) CONFORMING AMENDMENTS TO FIREARMS CON4 TROL REGULATIONS ACT.—The Firearms Control Regu5 lations Act of 1975 is amended— 

6 (1) in section 101 (sec. 7–2501.01, D.C. Offi7 cial Code), by striking paragraph (13); and 

8 (2) by repealing sections 202 through 211 

9 (secs. 7–2502.02 through 7–2502.11, D.C. Official 

10 Code). 

11 SEC. 6. REPEAL OF REDUNDANT DEALER LICENSING RE12 QUIREMENT AND PROVISION FOR THE LAW13 FUL SALE OF FIREARMS BY FEDERALLY LI14 CENSED DEALERS. 

15 (a) REPEAL OF REQUIREMENT.— 

16 (1) IN GENERAL.—Section 401 of the Firearms 

17 Control Regulations Act of 1975 (sec. 7–2504.01, 

18 D.C. Official Code) is amended by striking ‘‘(a) No 

19 person’’ and all that follows and inserting the fol20 lowing: 

21 ‘‘(a) No person or organization shall engage in the 

22 business of dealing, importing, or manufacturing firearms 

23 without complying with the requirements of Federal law. 

24 ‘‘(b) Any dealer who is in compliance with Federal 

25 law may sell or otherwise transfer a firearm to any person 


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1 or organization not otherwise prohibited from possessing 

2 or receiving such firearm under Federal law. In the case 

3 of a sale or transfer of a handgun to a resident of the 

4 District of Columbia, a federally licensed importer, manu5 facturer, or dealer of firearms in Maryland or Virginia 

6 shall be treated as a dealer licensed under the provisions 

7 of this Act for purposes of the previous sentence, notwith8 standing section 922(b)(3) of title 18, United States Code, 

9 if the transferee meets in person with the transferor to 

10 accomplish the transfer, and the sale, delivery, and receipt 

11 fully comply with the legal conditions of sale in both the 

12 District of Columbia and the jurisdiction in which the 

13 transfer occurs.’’. 

14 (2) PROVIDING FOR THE LAWFUL SALE OF

15 FIREARMS.—Section 501 of the Firearms Control 

16 Regulations Act of 1975 (sec. 7–2505.01, D.C. Offi17 cial Code) is amended by striking ‘‘, destructive de18 vice or ammunition’’ and all that follows and insert19 ing the following: ‘‘or ammunition to any person if 

20 the seller or transferor knows or has reasonable 

21 cause to believe that such person is prohibited by 

22 Federal law from possessing or receiving a fire23 arm.’’. 


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1 (b) CONFORMING AMENDMENTS TO FIREARMS CON2 TROL REGULATIONS ACT.—The Firearms Control Regu3 lations Act of 1975 is amended— 

4 (1) by repealing sections 402 through 409 

5 (secs. 7–2504.02 through 7–2504.09, D.C. Official 

6 Code); 

7 (2) by repealing section 502 (sec. 7–2505.02, 

8 D.C. Official Code); 

9 (3) in section 701 (sec. 7–2507.01, D.C. Offi10 cial Code)— 

11 (A) in subsection (a), by striking ‘‘firearm, 

12 destructive device, or ammunition’’ and insert13 ing ‘‘destructive device’’; and 

14 (B) in subsection (b), by striking ‘‘, any 

15 firearm, destructive device, or ammunition.’’ 

16 and inserting ‘‘any destructive device.’’; and 

17 (4) by repealing section 704 (sec. 7–2507.04, 

18 D.C. Official Code). 

19 (c) OTHER CONFORMING AMENDMENTS.—The Act of 

20 July 8, 1932 (47 Stat. 650, chapter 465; sec. 22–4501 

21 et seq., D.C. Official Code), is amended— 

22 (1) in section 3 (sec. 22–4503, D.C. Official 

23 Code)— 

24 (A) in subsection (a), by striking ‘‘if the 

25 person’’ and all that follows and inserting ‘‘if 


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1 the person is prohibited from possessing a fire2 arm under Federal law.’’; 

3 (B) in subsection (b)(1), by striking ‘‘sub4 section (a)(1)’’ and inserting ‘‘subsection (a)’’; 

5 and 

6 (C) by repealing subsections (c) and (d); 

7 and 

8 (2) by repealing sections 7 through 10 (secs. 

9 22–4507 through 22–4510, D.C. Official Code). 

10 SEC. 7. HARMONIZATION OF D.C. LAW AND FEDERAL LAW 

11 REGARDING THE POSSESSION OF AMMUNI12 TION AND AMMUNITION FEEDING DEVICES. 

13 Section 601 of the Firearms Control Regulations Act 

14 of 1975 (sec. 7–2506.01, D.C. Official Code) is amended 

15 by striking ‘‘(a) No person’’ and all that follows and in16 serting the following: ‘‘No person who is prohibited by 

17 Federal law from possessing a firearm shall possess am18 munition in the District of Columbia.’’. 

19 SEC. 8. RESTORATION OF RIGHT OF SELF DEFENSE IN THE 

20 HOME. 

21 Section 702 of the Firearms Control Regulations Act 

22 of 1975 (sec. 7–2507.02, D.C. Official Code) is repealed. 


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1 SEC. 9. REMOVAL OF CRIMINAL PENALTIES FOR POSSES2 SION OF UNREGISTERED FIREARMS AND 

3 CERTAIN AMMUNITION. 

4 (a) IN GENERAL.—Section 706 of the Firearms Con5 trol Regulations Act of 1975 (sec. 7–2507.06, D.C. Offi6 cial Code) is amended— 

7 (1) by striking ‘‘except that’’ and all that fol8 lows through ‘‘A person who knowingly’’ and insert9 ing the following: ‘‘except that a person who know10 ingly’’; and 

11 (2) by striking paragraphs (2) and (3). 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall apply with respect to any violation 

14 that occurs after the date that is 60 days after the date 

15 of enactment of this Act. 

16 SEC. 10. REGULATING INOPERABLE PISTOLS AND HARMO17 NIZING DEFINITIONS FOR CERTAIN TYPES OF 

18 FIREARMS. 

19 Section 1 of the Act of July 8, 1932 (47 Stat. 650, 

20 chapter 465; sec. 22–4501, D.C. Official Code), is amend21 ed— 

22 (1) by redesignating paragraph (1) as para23 graph (1)(A); 

24 (2) by inserting before paragraph (1)(A), as re25 designated, the following: 


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1 ‘‘(1) ‘Chief’ shall have the same meaning as 

2 provided in section 101(4) of the Firearms Control 

3 Regulations Act of 1975 (sec. 7–2501.01(4), D.C. 

4 Official Code).’’; 

5 (3) by inserting after paragraph (2) the fol6 lowing: 

7 ‘‘(2A) ‘Firearm’— 

8 ‘‘(A) means any weapon, regardless of 

9 operability, which will, or is designed or rede10 signed, made or remade, readily converted, re11 stored, or repaired, or is intended to, expel a 

12 projectile or projectiles by the action of an ex13 plosive; and 

14 ‘‘(B) does not include— 

15 ‘‘(i) a destructive device, as defined in 

16 section 101(7) of the Firearms Control 

17 Regulations Act of 1975 (sec. 7– 

18 2501.01(7), D.C. Official Code); 

19 ‘‘(ii) a device used exclusively for line 

20 throwing, signaling, or safety, and required 

21 or recommended by the Coast Guard or 

22 Interstate Commerce Commission; or 

23 ‘‘(iii) a device used exclusively for fir24 ing explosive rivets, stud cartridges, or 


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1 similar industrial ammunition and incapa2 ble for use as a weapon.’’; 

3 (4) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(3A) ‘Licensee’ means an individual holding a 

6 valid license issued under the provisions of section 6 

7 of the Act of July 8, 1932 (sec. 22–4506, D.C. Offi8 cial Code).’’; 

9 (5) by striking paragraph (4) and inserting the 

10 following: 

11 ‘‘(4) ‘Machine gun’ shall have the same mean12 ing as provided in section 101(10) of the Firearms 

13 Control Regulations Act of 1975 (sec. 7– 

14 2501.01(10), D.C. Official Code).’’; 

15 (6) by inserting after paragraph (4) the fol16 lowing: 

17 ‘‘(4A) ‘Motor vehicle’ shall have the meaning 

18 provided in section 101(4) of the Department of 

19 Motor Vehicles Reform Amendment Act of 2004 

20 (sec. 50–1331.01(4), D.C. Official Code). 

21 ‘‘(4B) ‘Out-of-state license’ means a valid per22 mit, license, approval, or other authorization issued 

23 by a state or territory of the United States that au24 thorizes the licensee to carry a pistol concealed on 

25 or about the person. 


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1 ‘‘(4C) ‘Out-of-state licensee’ means an indi2 vidual who is 21 years of age or over, who is not a 

3 District resident, and who has been issued an out4 of-state license.’’; 

5 (7) by striking paragraph (6) and inserting the 

6 following: 

7 ‘‘(6) ‘Pistol’ shall have the same meaning as 

8 provided in section 101(12) of the Firearms Control 

9 Regulations Act of 1975 (sec. 7–2501.01(12), D.C. 

10 Official Code).’’; 

11 (8) by inserting after paragraph (6) the fol12 lowing: 

13 ‘‘(6A) ‘Place of business’ shall have the same 

14 meaning as provided in section 101(12A) of the 

15 Firearms Control Regulations Act of 1975 (sec. 7– 

16 2501.01(12A), D.C. Official Code).’’; 

17 (9) by striking paragraph (8) and inserting the 

18 following: 

19 ‘‘(8) ‘Sawed-off shotgun’ shall have the same 

20 meaning as provided in section 101(15) of the Fire21 arms Control Regulations Act of 1975 (sec. 7– 

22 2501.01(15), D.C. Official Code).’’; and 

23 (10) by inserting after paragraph (9) the fol24 lowing: 


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1 ‘‘(9A) ‘Shotgun’ shall have the same meaning 

2 as provided in section 101(16) of the Firearms Con3 trol Regulations Act of 1975 (sec. 7–2501.01(16), 

4 D.C. Official Code).’’. 

5 SEC. 11. PROHIBITIONS OF FIREARMS FROM PRIVATE AND 

6 SENSITIVE PUBLIC PROPERTY. 

7 The Act of July 8, 1932 (47 Stat. 650, chapter 465; 

8 sec. 22–4501 et seq., D.C. Official Code), is amended by 

9 inserting after section 3 the following: 

10 ‘‘SEC. 3A. PROHIBITIONS OF FIREARMS FROM PRIVATE 

11 AND SENSITIVE PUBLIC PROPERTY. 

12 ‘‘(a) Private persons or entities owning property in 

13 the District of Columbia may prohibit or restrict the pos14 session of firearms on their property by any persons, other 

15 than law enforcement personnel when lawfully authorized 

16 to enter onto the property or lessees occupying residential 

17 or business premises. 

18 ‘‘(b) The District of Columbia may prohibit or re19 strict the possession of firearms within any building or 

20 structure under its control, or in any area of such building 

21 or structure, that has implemented security measures (in22 cluding guard posts, metal detection devices, x-ray or 

23 other scanning devices, or card-based or biometric access 

24 devices) to identify and exclude unauthorized or hazardous 

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1 striction may apply to lessees occupying residential or 

2 business premises.’’. 

3 SEC. 12. RECOGNIZING THE RIGHT OF LAW-ABIDING INDI4 VIDUALS TO CARRY AND TRANSPORT FIRE5 ARMS FOR LEGITIMATE PURPOSES. 

6 (a) LICENSES TO CARRY PISTOLS.—Section 6 of the 

7 Act of July 8, 1932 (47 Stat. 650, chapter 465; sec. 22– 

8 4506, D.C. Official Code), is amended to read as follows: 

9 ‘‘SEC. 6. ISSUE OF LICENSES TO CARRY PISTOL. 

10 ‘‘(a) ISSUANCE AND SCOPE OF LICENSE.— 

11 ‘‘(1) IN GENERAL.—The Chief shall issue a li12 cense to carry a pistol concealed on or about the 

13 person to any individual who— 

14 ‘‘(A) is not disqualified under subsection 

15 (d); and 

16 ‘‘(B) completes the application process 

17 specified in subsection (g). 

18 ‘‘(2) REQUIREMENTS FOR LICENSE.—A license 

19 to carry a pistol issued under this section shall meet 

20 the requirements specified in subsection (c). 

21 ‘‘(3) PROTECTION FROM OTHER CONDITIONS, 

22 LIMITATIONS, AND REQUIREMENTS.—The Chief may 

23 not impose conditions, limitations, or requirements 

24 that are not expressly provided for in this section on 

25 the issuance, scope, effect, or content of a license. 


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1 ‘‘(4) SCHOOL ZONES.—For purposes of section 

2 922(q)(2)(B)(ii) of title 18, United States Code, an 

3 individual who possesses a firearm in a school zone 

4 in the District of Columbia and who is licensed 

5 under this section or is an out-of-state licensee shall 

6 be considered licensed by the District of Columbia. 

7 ‘‘(b) CARRYING A PISTOL; POSSESSION AND DISPLAY

8 OF LICENSE DOCUMENT OR AUTHORIZATION.— 

9 ‘‘(1) CARRYING A PISTOL.—A licensee or an 

10 out-of-state licensee may carry a pistol anywhere in 

11 the District of Columbia except as otherwise prohib12 ited by law or by a limitation or prohibition estab13 lished pursuant to section 11 of this Act (sec. 22– 

14 4511, D.C. Official Code). 

15 ‘‘(2) POSSESSION AND DISPLAY OF LICENSE

16 DOCUMENT OR AUTHORIZATION.—A licensee shall 

17 have with him or her his or her license document 

18 and government-issued photographic identification 

19 card and an out-of-state licensee shall have with him 

20 or her his or her out-of-state license and govern21 ment-issued photographic identification card at all 

22 times during which he or she is carrying a pistol in 

23 any location other than on or in real property owned 

24 or leased by the licensee or out-of-state licensee. 

25 ‘‘(c) LICENSE DOCUMENT; CONTENT OF LICENSE.— 


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1 ‘‘(1) DESIGN OF LICENSE DOCUMENT.—Subject 

2 to paragraphs (2) and (3), the Chief shall— 

3 ‘‘(A) design a single license document for 

4 licenses issued and renewed under this section; 

5 and 

6 ‘‘(B) complete the design of the license 

7 document not later than 60 days after the date 

8 of enactment of the Second Amendment En9 forcement Act of 2017. 

10 ‘‘(2) REQUIRED CONTENT OF LICENSE.—A li11 cense document for a license issued under this sec12 tion shall contain all of the following on one side: 

13 ‘‘(A) The full name, date of birth, and res14 idence address of the licensee. 

15 ‘‘(B) A physical description of the licensee, 

16 including sex, height, and eye color. 

17 ‘‘(C) The date on which the license was 

18 issued. 

19 ‘‘(D) The date on which the license ex20 pires. 

21 ‘‘(E) The words ‘District of Columbia’. 

22 ‘‘(F) A unique identification number for 

23 the licensee. 

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1 tion may not contain the licensee’s social security 

2 number. 

3 ‘‘(d) RESTRICTIONS ON ISSUING A LICENSE.—The 

4 Chief shall issue a license under this section to an indi5 vidual who submits an application under subsection (g) 

6 unless the individual— 

7 ‘‘(1) is less than 21 years of age; 

8 ‘‘(2) is prohibited under Federal law or court 

9 order from possessing or receiving a firearm; or 

10 ‘‘(3) has not provided proof of training as de11 scribed under subsection (e). 

12 ‘‘(e) TRAINING REQUIREMENTS.—An individual may 

13 meet proof of training requirement under subsection 

14 (d)(3) by providing— 

15 ‘‘(1) a copy of a document, or an affidavit from 

16 an instructor or organization that conducted the 

17 course or program, that indicates the individual 

18 completed— 

19 ‘‘(A) a hunter education program; 

20 ‘‘(B) a firearms safety or training course 

21 that is conducted by a national or state organi22 zation that certifies firearms instructors; 

23 ‘‘(C) a firearms safety or training course 

24 that— 

25 ‘‘(i) is available to the public; and 


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1 ‘‘(ii)(I) is offered by a law enforce2 ment agency; or 

3 ‘‘(II) if taught by an instructor who is 

4 certified by a national or state organization 

5 that certifies firearms instructors, is of6 fered by— 

7 ‘‘(aa) a technical college; 

8 ‘‘(bb) a college or a university; 

9 ‘‘(cc) a private or public institu10 tion or organization; or 

11 ‘‘(dd) a firearms training school; 

12 ‘‘(D) a firearms safety or training course 

13 that is offered to— 

14 ‘‘(i) law enforcement officers; or 

15 ‘‘(ii) owners and employees of licensed 

16 private detective and security agencies; or 

17 ‘‘(E) a firearms safety or training course 

18 that is conducted by a firearms instructor who 

19 is certified by— 

20 ‘‘(i) a national or state organization 

21 that certifies firearms instructors; or 

22 ‘‘(ii) the Chief; 

23 ‘‘(2) documentation that the individual com24 pleted military, law enforcement, or security training 

25 that gave the individual experience with firearms 


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1 that is substantially equivalent to a course or pro2 gram under paragraph (1); 

3 ‘‘(3) a current or expired license, or a photo4 copy of a current or expired license, that the indi5 vidual holds or has held that indicates that the indi6 vidual is licensed or has been licensed to carry a 

7 firearm in the District of Columbia or in another 

8 state unless the license has been revoked for cause; 

9 or 

10 ‘‘(4) documentation of completion of small arms 

11 training while serving in the Armed Forces of the 

12 United States, including the National Guard and re13 serve components, as demonstrated by— 

14 ‘‘(A) documentation that the individual 

15 was discharged or released from the Armed 

16 Forces under honorable conditions; or 

17 ‘‘(B) a certificate of completion of basic 

18 training with a service record of successful com19 pletion of small arms training and certification. 

20 ‘‘(f) APPLICATION AND RENEWAL FORMS.— 

21 ‘‘(1) DESIGN.—The Chief shall design an appli22 cation form for use by individuals who apply for a 

23 license under this section and a renewal form for use 

24 by individuals applying for renewal of a license 

25 under subsection (o). 


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1 ‘‘(2) DEADLINES.—The Chief shall complete 

2 the design of— 

3 ‘‘(A) the application form not later than 

4 60 days after the date of enactment of the Sec5 ond Amendment Enforcement Act of 2017; and 

6 ‘‘(B) the renewal form not later than 4 

7 years from the date of enactment of the Second 

8 Amendment Enforcement Act of 2017. 

9 ‘‘(3) CONTENTS.—The forms described in this 

10 subsection shall— 

11 ‘‘(A) require the applicant to provide only 

12 his or her name, address, date of birth, state 

13 identification card number, race, sex, height, 

14 eye color, and, if the applicant is not a United 

15 States citizen, his or her alien or admission 

16 number; and 

17 ‘‘(B) include— 

18 ‘‘(i) a statement that the applicant is 

19 ineligible for a license if subsection (d) ap20 plies to the applicant; 

21 ‘‘(ii) a statement explaining the laws 

22 of self-defense and defense of others in the 

23 District of Columbia, with a place for the 

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1 cate that he or she has read and under2 stands the statement; 

3 ‘‘(iii) a statement, with a place for the 

4 applicant to sign his or her name, to indi5 cate that the applicant has read and un6 derstands the requirements of this section; 

7 ‘‘(iv) a statement that the applicant 

8 may be prosecuted if he or she inten9 tionally gives a false answer to any ques10 tion on the application or intentionally sub11 mits a falsified document with the applica12 tion; 

13 ‘‘(v) a statement of the penalties for 

14 intentionally giving a false answer to any 

15 question on the application or intentionally 

16 submitting a falsified document with the 

17 application; and 

18 ‘‘(vi) a statement describing the 

19 places in which a person may be prohibited 

20 from carrying a pistol even with a license, 

21 with a place for the applicant to sign his 

22 or her name to indicate that he or she has 

23 read and understands the statement. 


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1 ‘‘(4) AVAILABILITY OF FORMS.—The Chief 

2 shall make the forms described in this subsection 

3 available on the Internet and, upon request, by mail. 

4 ‘‘(g) SUBMISSION OF APPLICATION.—An individual 

5 may apply to the Chief for a license under this section 

6 by submitting to the Chief, by mail or other means made 

7 available by the Chief— 

8 ‘‘(1) a completed application in the form pre9 scribed under subsection (f); 

10 ‘‘(2) a statement that states that the informa11 tion that the individual is providing in the applica12 tion submitted under paragraph (1) and any docu13 ment submitted with the application is true and 

14 complete to the best of his or her knowledge; 

15 ‘‘(3) a license fee in an amount that is equal to 

16 the lesser of— 

17 ‘‘(A) the cost of issuing the license; or 

18 ‘‘(B) $50; 

19 ‘‘(4) a fee for a background check under sub20 section (i) that is not greater than $25; and 

21 ‘‘(5) proof of training as described under sub22 section (e). 

23 ‘‘(h) PROCESSING OF APPLICATION.— 

24 ‘‘(1) BACKGROUND CHECK.—If a person sub25 mits a complete application under subsection (g) and 


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1 is not prohibited from obtaining a license under 

2 paragraph (1) or (3) of subsection (d), the Chief 

3 shall conduct a background check in accordance with 

4 subsection (i) upon receiving the application. 

5 ‘‘(2) DEADLINE.—Not later than 21 days after 

6 the date on which the Chief receives a complete ap7 plication submitted under subsection (g), the Chief 

8 shall— 

9 ‘‘(A) except as provided in subparagraph 

10 (B), issue the license and promptly send the li11 censee his or her license document by first-class 

12 mail; or 

13 ‘‘(B) if subsection (d) applies to the appli14 cant, deny the application in accordance with 

15 paragraph (3). 

16 ‘‘(3) DENIAL.—If the Chief denies an applica17 tion submitted under subsection (g), the Chief shall 

18 inform the applicant of the denial in writing, stating 

19 the reason and factual basis for the denial and the 

20 availability of an appeal under subsections (m) and 

21 (n). 

22 ‘‘(i) BACKGROUND CHECKS.— 

23 ‘‘(1) IN GENERAL.—The Chief shall conduct a 

24 background check on an applicant by contacting the 

25 National Instant Criminal Background Check SysVerDate Sep 11 2014 03:53 Jan 28, 2017 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S162.IS S162

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1 tem to determine whether subsection (d)(2) applies 

2 to the applicant. 

3 ‘‘(2) CONFIRMATION NUMBER.—The Chief shall 

4 create a confirmation number associated with each 

5 applicant. 

6 ‘‘(3) RESULT.—As soon as practicable after 

7 conducting a background check under paragraph 

8 (1), the Chief shall— 

9 ‘‘(A) if the background check indicates 

10 that subsection (d)(2) applies to the applicant, 

11 create a unique nonapproval number for the ap12 plicant; or 

13 ‘‘(B) if the background check does not in14 dicate that subsection (d)(2) applies to the ap15 plicant, create a unique approval number for 

16 the applicant. 

17 ‘‘(4) RECORD.—The Chief shall maintain— 

18 ‘‘(A) a record of all complete application 

19 forms submitted under subsection (g); and 

20 ‘‘(B) a record of all approval or non21 approval numbers regarding background checks 

22 conducted under this subsection. 

23 ‘‘(j) MAINTENANCE, USE, AND PUBLICATION OF

24 RECORDS BY THE CHIEF.— 

25 ‘‘(1) MAINTENANCE OF RECORD.— 


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1 ‘‘(A) IN GENERAL.—The Chief shall main2 tain a computerized record listing the name and 

3 application information of each individual who 

4 has been issued a license under this section. 

5 ‘‘(B) RESTRICTION.—Subject to paragraph 

6 (3), the Chief may not store, maintain, format, 

7 sort, or access the information described in 

8 paragraph (1) in any manner other than by— 

9 ‘‘(i) the names, dates of birth, or sex 

10 of licensees; or 

11 ‘‘(ii) the identification numbers as12 signed to licensees under subsection (i). 

13 ‘‘(2) USE BY LAW ENFORCEMENT.—A law en14 forcement officer may not request or be provided in15 formation maintained in the record under paragraph 

16 (1) concerning a specific individual except for one of 

17 the following purposes: 

18 ‘‘(A) To confirm that a license produced by 

19 an individual is valid. 

20 ‘‘(B) If an individual is carrying a pistol 

21 and claims to hold a valid license issued under 

22 this section, but does not have his or her license 

23 document, to confirm that the individual holds 

24 a valid license. 


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1 ‘‘(C) To investigate whether an individual 

2 submitted an intentionally false statement. 

3 ‘‘(D) To investigate whether an individual 

4 complied with a requirement to surrender his or 

5 her license in accordance with this section. 

6 ‘‘(3) FREEDOM OF INFORMATION.—Notwith7 standing the Freedom of Information Act of 1976 

8 (sec. 2–531 et seq., D.C. Official Code), information 

9 obtained under this section may not be made avail10 able to the public except— 

11 ‘‘(A) in the context of a prosecution for an 

12 offense in which a person’s status as a licensee 

13 is relevant; or 

14 ‘‘(B) through a report created by the Chief 

15 that shows the number of licenses issued, re16 voked, or suspended, but excludes any identi17 fying information about individual licensees. 

18 ‘‘(k) LOST OR DESTROYED LICENSE.— 

19 ‘‘(1) IN GENERAL.—If a license document is 

20 lost, a licensee no longer has possession of his or her 

21 license document, or a license document is de22 stroyed, unreadable, or unusable, a licensee who 

23 wishes to obtain a replacement license document 

24 shall submit to the Chief— 


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1 ‘‘(A) a statement requesting a replacement 

2 license document; 

3 ‘‘(B) the license document or any portions 

4 of the license document that remain; and 

5 ‘‘(C) a $12 replacement fee. 

6 ‘‘(2) ISSUANCE.—Not later than 14 days after 

7 the date on which the Chief receives a statement, li8 cense document or portions thereof (if any), and fee 

9 submitted by a licensee under paragraph (1), the 

10 Chief shall issue a replacement license document to 

11 the licensee. 

12 ‘‘(3) ABSENCE OF ORIGINAL LICENSE DOCU13 MENT.—If a licensee does not submit the original li14 cense document to the Chief under paragraph (1), 

15 the Chief shall terminate the unique approval num16 ber of the original request and issue a new unique 

17 approval number for the replacement license docu18 ment. 

19 ‘‘(l) LICENSE REVOCATION AND SUSPENSION.— 

20 ‘‘(1) REVOCATION.—The Chief shall revoke a li21 cense issued under this section if the Chief deter22 mines that subsection (d) applies to the licensee. 

23 ‘‘(2) SUSPENSION.— 

24 ‘‘(A) IN GENERAL.—The Chief shall sus25 pend a license issued under this section if a 


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1 court prohibits the licensee from possessing a 

2 firearm. 

3 ‘‘(B) RESTORATION.—The Chief shall re4 store a suspended license not later than 5 busi5 ness days after the date on which the Chief is 

6 notified that the licensee is no longer subject to 

7 the prohibition described in subparagraph (A) 

8 if— 

9 ‘‘(i) subsection (d) does not apply to 

10 the individual; and 

11 ‘‘(ii) the suspended license has not ex12 pired under subsection (o). 

13 ‘‘(3) PROCEDURES.— 

14 ‘‘(A) NOTICE.—If the Chief suspends or 

15 revokes a license under this subsection, the 

16 Chief shall send by mail to the individual whose 

17 license has been suspended or revoked notice of 

18 the suspension or revocation not later than 1 

19 day after the suspension or revocation. 

20 ‘‘(B) EFFECTIVE DATE.—If the Chief sus21 pends or revokes a license under this sub22 section, the suspension or revocation shall take 

23 effect on the date on which the individual whose 

24 license has been suspended or revoked receives 

25 the notice under subparagraph (A). 


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1 ‘‘(C) DELIVERY OF LICENSE DOCUMENT

2 TO CHIEF.—Not later than 7 days after the 

3 date on which an individual whose license has 

4 been suspended or revoked receives the notice 

5 under subparagraph (A), the individual shall— 

6 ‘‘(i) deliver the license document per7 sonally or by certified mail to the Chief; or 

8 ‘‘(ii) mail a signed statement to the 

9 Chief stating— 

10 ‘‘(I) that the individual no longer 

11 has possession of his or her license 

12 document; and 

13 ‘‘(II) the reasons why the indi14 vidual no longer has possession of the 

15 license document. 

16 ‘‘(m) DEPARTMENTAL REVIEW.—The Chief shall 

17 promulgate rules providing for the review of any action 

18 by the Chief denying an application for, or suspending or 

19 revoking, a license under this section. 

20 ‘‘(n) APPEALS TO THE SUPERIOR COURT.— 

21 ‘‘(1) RIGHT TO APPEAL.—An individual ag22 grieved by any action by the Chief denying an appli23 cation for, or suspending or revoking, a license 

24 under this section, may appeal directly to the Supe25 rior Court of the District of Columbia without reVerDate Sep 11 2014 03:53 Jan 28, 2017 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S162.IS S162

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1 gard to whether the individual has sought review 

2 under the process established under subsection (m). 

3 ‘‘(2) COMMENCEMENT OF APPEAL.— 

4 ‘‘(A) IN GENERAL.—To begin an appeal 

5 under this subsection, the aggrieved individual 

6 shall file a petition for review with the clerk of 

7 the Superior Court of the District of Columbia 

8 not later than 30 days after the date on which 

9 the individual receives notice of denial of an ap10 plication for a license or of suspension or rev11 ocation of a license. 

12 ‘‘(B) CONTENTS; SUPPORTING DOCU13 MENTS.—A petition filed under subparagraph 

14 (A)— 

15 ‘‘(i) shall state the substance of the 

16 Chief’s action from which the individual is 

17 appealing and the grounds upon which the 

18 individual believes the Chief’s action to be 

19 improper; and 

20 ‘‘(ii) may include a copy of any 

21 records or documents that are relevant to 

22 the grounds upon which the individual be23 lieves the Chief’s action to be improper. 

24 ‘‘(3) SERVICE UPON CHIEF.—A copy of a peti25 tion filed under paragraph (2) shall be served upon 


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1 the Chief either personally or by registered or cer2 tified mail not later than 5 days after the date on 

3 which the individual files the petition. 

4 ‘‘(4) ANSWER.— 

5 ‘‘(A) IN GENERAL.—The Chief shall file an 

6 answer to a petition filed under paragraph (2) 

7 not later than 15 days after the date on which 

8 the Chief is served with the petition under 

9 paragraph (3). 

10 ‘‘(B) CONTENTS; SUPPORTING DOCU11 MENTS.—An answer filed under subparagraph 

12 (A) shall include— 

13 ‘‘(i) a brief statement of the actions 

14 taken by the Chief; and 

15 ‘‘(ii) a copy of any documents or 

16 records on which the Chief based his or 

17 her action. 

18 ‘‘(5) REVIEW BY COURT.— 

19 ‘‘(A) IN GENERAL.—The court shall review 

20 the petition, the answer, and any records or 

21 documents submitted with the petition or the 

22 answer. 

23 ‘‘(B) CONDUCT OF REVIEW.—The court 

24 shall conduct the review under this paragraph 


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1 without a jury but may schedule a hearing and 

2 take testimony. 

3 ‘‘(6) REVERSAL.—The court shall reverse the 

4 Chief’s action if the court finds— 

5 ‘‘(A) that the Chief failed to follow any 

6 procedure, or take any action, prescribed under 

7 this section; 

8 ‘‘(B) that the Chief erroneously interpreted 

9 a provision of law and a correct interpretation 

10 compels a different action; 

11 ‘‘(C) that the Chief’s action depends on a 

12 finding of fact that is not supported by sub13 stantial evidence in the record; 

14 ‘‘(D) if the appeal is regarding a denial, 

15 that the denial was based on factors other than 

16 the factors under subsection (d); or 

17 ‘‘(E) if the appeal is regarding a suspen18 sion or revocation, that the suspension or rev19 ocation was based on criteria other than the cri20 teria under subsection (l). 

21 ‘‘(7) RELIEF.— 

22 ‘‘(A) IN GENERAL.—The court shall pro23 vide whatever relief is appropriate regardless of 

24 the original form of the petition. 


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1 ‘‘(B) COSTS AND FEES.—If the court re2 verses the Chief’s action, the court shall order 

3 the Chief to pay the aggrieved individual all 

4 court costs and reasonable attorney fees. 

5 ‘‘(o) LICENSE EXPIRATION AND RENEWAL.— 

6 ‘‘(1) PERIOD OF VALIDITY.—A license issued 

7 under this section shall be valid for the 5-year period 

8 beginning on the date on which the license is issued 

9 unless the license is suspended or revoked under 

10 subsection (l). 

11 ‘‘(2) NOTICE OF EXPIRATION.— 

12 ‘‘(A) FORM.—The Chief shall design a no13 tice of expiration form. 

14 ‘‘(B) MAILING OF NOTICE.—Not later than 

15 90 days before the expiration date of a license 

16 issued under this section, the Chief shall mail 

17 to the licensee— 

18 ‘‘(i) the notice of expiration form; and 

19 ‘‘(ii) a form for renewing the license. 

20 ‘‘(3) RENEWAL.— 

21 ‘‘(A) IN GENERAL.—The Chief shall renew 

22 the license of a licensee if— 

23 ‘‘(i) not later than 90 days after the 

24 expiration date of the license, the licensee 

25 submits the renewal application, statement, 


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1 and fees required under subparagraph (B); 

2 and 

3 ‘‘(ii) the background check required 

4 under subparagraph (C) indicates that 

5 subsection (d) does not apply to the li6 censee. 

7 ‘‘(B) RENEWAL APPLICATION; STATEMENT; 

8 FEES.—A licensee seeking to renew his or her 

9 license shall submit to the Chief— 

10 ‘‘(i) a renewal application on the form 

11 provided by the Chief; 

12 ‘‘(ii) a statement reporting that— 

13 ‘‘(I) the information provided 

14 under clause (i) is true and complete 

15 to the best of the licensee’s knowl16 edge; and 

17 ‘‘(II) the licensee is not disquali18 fied under subsection (d); and 

19 ‘‘(iii) payment of— 

20 ‘‘(I) a renewal fee in an amount 

21 that is equal to the lesser of— 

22 ‘‘(aa) the cost of renewing 

23 the license; or 

24 ‘‘(bb) $25; and 


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1 ‘‘(II) a fee for a background 

2 check that does not exceed $25. 

3 ‘‘(C) BACKGROUND CHECK.—The chief 

4 shall conduct a background check of a licensee 

5 as provided under subsection (i) before renew6 ing the licensee’s license. 

7 ‘‘(D) ISSUANCE OF RENEWAL LICENSE.— 

8 Unless a renewal applicant is ineligible under 

9 subsection (d), not later than 21 days after the 

10 date on which the Chief receives a renewal ap11 plication, statement, and fees from the appli12 cant under subparagraph (B), the Chief shall 

13 issue a renewal license and send it to the appli14 cant by first-class mail. 

15 ‘‘(E) MEMBERS OF THE ARMED FORCES.— 

16 Notwithstanding paragraph (1), the license of a 

17 member of the Armed Forces of the United 

18 States, including the National Guard and re19 serve components, who is deployed overseas 

20 while on active duty shall not expire before the 

21 date that is 90 days after the end of the licens22 ee’s overseas deployment unless the license is 

23 suspended or revoked under subsection (l). 

24 ‘‘(p) RECIPROCITY AGREEMENTS.—The Chief shall 

25 enter into reciprocity agreements with each other state 


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1 that requires such an agreement to grant recognition to 

2 a license to carry a concealed firearm issued by another 

3 state. 

4 ‘‘(q) IMMUNITY.— 

5 ‘‘(1) IN GENERAL.—The Chief and any des6 ignee or employee who carries out the provisions of 

7 this section shall be immune from liability arising 

8 from any act or omission under this section, if the 

9 act or omission is in good faith. 

10 ‘‘(2) PROVIDERS OF TRAINING COURSES.—A 

11 person providing a firearms training course in good 

12 faith shall be immune from liability arising from any 

13 act or omission related to the course if the course 

14 is one described in subsection (e).’’. 

15 (b) AUTHORITY TO CARRY FIREARM IN CERTAIN

16 PLACES AND FOR CERTAIN PURPOSES; LAWFUL TRANS17 PORTATION OF FIREARMS.—The Act of July 8, 1932 (sec. 

18 22–4501 et seq., D.C. Official Code), is amended by in19 serting after section 4 the following: 

20 ‘‘SEC. 4A. AUTHORITY TO CARRY FIREARM IN CERTAIN 

21 PLACES AND FOR CERTAIN PURPOSES. 

22 ‘‘Notwithstanding any other law, a person not other23 wise prohibited by law from shipping, transporting, pos24 sessing, or receiving a firearm may carry such firearm, 

25 whether loaded or unloaded— 


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1 ‘‘(1) in the person’s dwelling house or place of 

2 business or on land owned or lawfully possessed by 

3 the person; 

4 ‘‘(2) on land owned or lawfully possessed by an5 other person unless the other person has notified the 

6 person by posting or individual notice that firearms 

7 are not permitted on the premises; 

8 ‘‘(3) while it is being used for lawful rec9 reational, sporting, educational, or training pur10 poses; or 

11 ‘‘(4) while it is being transported for a lawful 

12 purpose as expressly authorized by District or Fed13 eral law and in accordance with the requirements of 

14 that law. 

15 ‘‘SEC. 4B. LAWFUL TRANSPORTATION OF FIREARMS. 

16 ‘‘(a) Any person who is not otherwise prohibited by 

17 law from shipping, transporting, possessing, or receiving 

18 a firearm shall be permitted to transport a firearm for 

19 any lawful purpose from any place where he may lawfully 

20 possess the firearm to any other place where he may law21 fully possess the firearm if the firearm is transported in 

22 accordance with this section. 

23 ‘‘(b)(1) If the transportation of the firearm is by a 

24 vehicle, the firearm shall be unloaded, and neither the fire25 arm nor any ammunition being transported shall be readVerDate Sep 11 2014 03:53 Jan 28, 2017 Jkt 069200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S162.IS S162

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1 ily accessible or directly accessible from the passenger 

2 compartment of the transporting vehicle. 

3 ‘‘(2) If the transporting vehicle does not have a com4 partment separate from the driver’s compartment, the 

5 firearm or ammunition shall be contained in a locked con6 tainer other than the glove compartment or console, and 

7 the firearm shall be unloaded. 

8 ‘‘(c) If the transportation of the firearm is in a man9 ner other than in a vehicle, the firearm shall be— 

10 ‘‘(1) unloaded; 

11 ‘‘(2) inside a locked container; and 

12 ‘‘(3) separate from any ammunition.’’. 

13 (c) EXCEPTIONS TO RESTRICTIONS ON CARRYING

14 CONCEALED WEAPONS.—Section 5(a) of the Act of July 

15 8, 1932 (47 Stat. 650, chapter 465; sec. 22–4505(a), D.C. 

16 Official Code), is amended— 

17 (1) by striking ‘‘pistol unloaded and in a secure 

18 wrapper from’’ and inserting ‘‘firearm, transported 

19 in accordance with section 4B, from’’; 

20 (2) by striking ‘‘pistol’’ each place it appears 

21 and inserting ‘‘firearm’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(7) Any person carrying a pistol who holds— 

24 ‘‘(A) a valid license issued under section 6; 

25 or 


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1 ‘‘(B) any out-of-state license, as defined in 

2 section 1.’’. 

3 SEC. 13. INCLUDING TOY AND ANTIQUE PISTOLS IN PROHI4 BITION AGAINST USING AN IMITATION FIRE5 ARM TO COMMIT A VIOLENT OR DANGEROUS 

6 CRIME. 

7 Section 13 of the Act of July 8, 1932 (sec. 22–4513, 

8 D.C. Official Code), is amended by striking ‘‘section 2 and 

9 section 14(b)’’ and inserting ‘‘sections 2, 4(b), and 14(b)’’. 

10 SEC. 14. REPEAL OF GUN OFFENDER REGISTRY. 

11 Title VIII of the Firearms Control Regulations Act 

12 of 1975 (sec. 7–2508.01 et seq., D.C. Official Code), as 

13 added by section 205 of the Omnibus Public Safety and 

14 Justice Amendment Act of 2009 (D.C. Law 18–88), is re15 pealed. 

16 SEC. 15. REPEALS OF DISTRICT OF COLUMBIA ACTS. 

17 Effective on the day before the date of the enactment 

18 of this Act, each of the following Acts is repealed, and 

19 any provision of law amended or repealed by any of such 

20 Acts is restored or revived as if such Act had not been 

21 enacted into law: 

22 (1) The Assault Weapon Manufacturing Strict 

23 Liability Act of 1990 (D.C. Law 8–263). 

24 (2) The Illegal Firearm Sale and Distribution 

25 Strict Liability Act of 1992 (D.C. Law 9–115). 


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1 (3) The Firearms Registration Amendment Act 

2 of 2008 (D.C. Law 17–372). 

3 (4) The Inoperable Pistol Amendment Act of 

4 2008 (D.C. Law 17–388). 

5 (5) The Firearms Amendment Act of 2012 

6 (D.C. Law 19–170). 

7 (6) The Administrative Disposition for Weapons 

8 Offenses Amendment Act of 2012 (D.C. Law 19– 

9 295). 

10 (7) The License to Carry a Pistol Second 

11 Emergency Amendment Act of 2014 (D.C. Act A20– 

12 0564). 

13 (8) The License to Carry a Pistol Temporary 

14 Amendment Act of 2014 (D.C. Law 20–169). 

15 (9) The License to Carry a Pistol Amendment 

16 Act of 2014 (D.C. Act A20–0621). 

17 SEC. 16. SEVERABILITY. 

18 Notwithstanding any other provision of this Act, if 

19 any provision of this Act, or any amendment made by this 

20 Act, or the application of such provision or amendment 

21 to any person or circumstance is held to be unconstitu22 tional, the other provisions of this Act and any other 

23 amendments made by this Act, and the application of such 


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1 provision or amendment to other persons or cir2 cumstances, shall not be affected thereby. 

Æ 


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